[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Rules and Regulations]
[Pages 70661-70662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33848]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-97-098]
RIN 2115-AE47


Drawbridge Operation Regulations: Taunton River, MA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating rules for the 
Brightman Street Bridge, mile 1.8, over the Taunton River between 
Somerset and Fall River, Massachusetts
    This final rule requires one hour's advance notice during the 
winter months at night and two hours' on Christmas and New Year's day. 
This change to the regulations will remove the requirement to crew the 
bridge because there have been few requests to open the bridge during 
the above time periods.

DATES: This final rule is effective January 21, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the First Coast Guard District Office, 408 
Atlantic Avenue, Boston, Ma. 02110-3350, between 7 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(617) 223-8364.

FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Officer, First Coast Guard District, (617) 
223-8364.

SUPPLEMENTARY INFORMATION: .

Regulatory History

    The Coast Guard published a notice of proposed rulemaking entitled 
Drawbridge Operation Regulations; Taunton River, MA., in the Federal 
Register (63 FR 27241) on May 18, 1998. The Coast Guard received three 
comment letters in response to the notice of proposed rulemaking. A 
public hearing was requested. The Coast Guard did not hold a public 
hearing because the Coast Guard determined that an opportunity for oral 
comments would not aid in this rulemaking. All the comments were the 
same. The bridge-opening logs did not support the claims in the comment 
letters. The logs showed very few openings historically during the 
times the bridge will be in a one-hour advance-notice status, and no 
new information was submitted to justify a need to have the bridge 
crewed at all times. The record clearly indicated that there were only 
a few openings at night in the winter months.

Background

    The Brightman Street Bridge has a vertical clearance at mean high 
water (MHW) of 27 feet and at mean low water (MLW) of 31 feet. The 
bridge is presently required to open on signal at all times. The bridge 
owner, Massachusetts Highway Department (MHD), requested that the Coast 
Guard consider a change to the operating regulations for the Brightman 
Street Bridge to require one hour's advance notice for openings from 
November 1 through March 31, between 6 p.m. and 6 a.m., and two hours' 
from 6 p.m. to midnight on December 24th, all day on December 25th, and 
all day on January 1st.
    The bridge-opening logs for the Brightman Street Bridge documented 
openings November 1st through March 31st, 6 p.m. to 6 a.m., as follows: 
1995-1996, 11 openings; 1996-1997, 15 openings; and 1997-1998, 20 
openings. The Coast Guard believes that it is reasonable to allow this 
bridge to operate on one-hour's advance notice during the three days 
because there have been so few requests to open the bridge during them. 
The advance notice requirement for December 24th and 25th and January 
1st has been granted each year by the Coast Guard as a result of a 
written request from the bridge owner. There have been no requests to 
open the bridge on those days according to the bridge-opening logs. 
This final rule will make the holiday advance-notice requirement for 
these three days a permanent part of the bridge operating regulations 
and will also change the regulations to relieve the bridge owner of the 
present requirement to crew the bridge during the winter months at 
night November 1st through March 31st from 6 p.m. to 6 a.m. daily.

Discussion of Comments and Changes

    The Coast Guard received two comment letters in response to the 
notice of proposed rulemaking during the comment period. Both comment 
letters opposed the advance notice requirement during the winter months 
at night. The letters were from an attorney representing Shaws Boat 
Yard and Somerset Marina, Inc. The letters were identical in content. 
The letters requested a public hearing to discuss the proposed 
regulations, claiming that 65% to 75% of all hauling and launching of 
vessels at their facilities occur at night, November through March from 
6 p.m. to 6 a.m. daily. The marinas indicated concern that they could 
lose business as a result of the bridge being placed on one hour's 
advance notice for openings during the winter months at night. They 
believe that the mariners would not be willing to provide the required 
one hour's notice for bridge openings. The bridge-opening logs for the 
last three years do not support this claim. The Coast Guard reached a 
decision for this final rule based upon the factual log data.

[[Page 70662]]

    The bridge owner will be required by this final rule to open the 
bridge no longer than one hour after notice is given to open the bridge 
from November 1st through March 31st from 6 p.m. to 6 a.m. daily. The 
bridge log data from the last three years, 1995-1996, 1996-1997, and 
1997-1998, November through March, indicate eleven (11), fifteen (15), 
and twenty (20) openings respectively. The total number of days 
November through March is one hundred fifty-one (151) days. Eleven, 
fifteen and twenty bridge openings during the last three years does not 
support the need to require a drawtender to be present at the bridge at 
all times. The mariners are not being prevented from using the bridge 
but are just being asked to provide one hour's advance notice for 
bridge openings during this time period.
    A third letter was received from the marinas after the comment 
period closed proposing an alternative schedule. The proposal would 
require the on call period to begin on November 20th and end March 15th 
instead of November 1st to March 31st. The marinas claimed that they 
needed openings during this time period. The Coast Guard reviewed this 
alternative proposal in an effort to balance the needs of both the 
mariners and the bridge owner. The logs indicated 4 openings last 
winter during the evening from November 1st to November 20th and no 
openings in the evening from March 15th to March 31st. The log data 
simply did not show a need to crew the bridge the extra month this 
alternate proposal would require considering that a drawtender will be 
required, by this rule, to be at the bridge within an hour after notice 
is given for an opening.
    In light of the data reviewed, the Coast Guard believes that the 
request to require one hour's notice during the winter night time hours 
is reasonable. The mariners can still pass through the bridge at all 
times so long as they provide this notice. No hearing was held, and no 
changes have been made to this rule.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed by the Office of Management and 
Budget under that Order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979). The Coast Guard expects the economic 
impact of this final rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This conclusion is based on the fact 
that bridges must operate in accordance with the needs of navigation 
while providing for the reasonable needs of land transportation. This 
final rule adopts the operating hours which the Coast Guard believes to 
be appropriate because there have been so few requests to open the 
bridge during the time period the bridge will be on an advance notice 
status. The proposed advance notice requirements should still provide 
for the current needs of navigation and allow the bridge owner to not 
crew the bridge during periods when there are few requests to open the 
bridge. The Coast Guard believes this final rule achieves the 
requirement of balancing the needs of navigation and the needs of 
vehicular transportation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this final rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations less than 
50,000. Therefore, for the reasons discussed in the Regulatory 
Evaluation section above, the Coast Guard certifies under 5 U.S.C. 
605(b) that this final rule will not have a significant economic impact 
on a substantial number of small entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this final rule in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this final rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that, under Figure 2-1, paragraph 32(e), of 
Commandant Instruction M16475.1C, this final rule is categorically 
excluded from further environmental documentation because promulgation 
of changes to drawbridge regulations have been found to not have a 
significant effect on the environment. A written ``Categorical 
Exclusion Determination'' is not required for this final rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.619 is revised to read as follows:


Sec. 117.619  Taunton River.

    (a) The owners of the Brightman Street and Bristol County bridges 
shall provide and keep in good legible condition clearance gauges for 
each draw with figures not less than twelve inches high, designed, 
installed, and maintained according to the provisions of Sec. 118.160 
of this chapter.
    (b) The draw of the Brightman Street Bridge, mile 1.8, between 
Somerset and Fall River shall open on signal; except that from November 
1 through March 31, between 6 p.m. and 6 a.m. daily, the draw shall 
open if at least one hour's advance notice is given and that, from 6 
p.m. to midnight on December 24th and all day on December 25th and 
January 1st, the draw shall open on signal if at least two hours' 
notice is given. Please give all notice by calling the number posted at 
the bridge.
    (c) The Bristol County Bridge, mile 10.3, shall open on signal if 
at least twenty-four hours' notice is given by calling the number 
posted at the bridge.

    Dated: December 10, 1998.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 98-33848 Filed 12-21-98; 8:45 am]
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